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SHARP v. U.S.

No. 97-3777.

145 F.3d 994 (1998)

Lynn G. SHARP, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. Douglas A. WILSON, Third-Party Defendant.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1998.

Attorney(s) appearing for the Case

Ronald L. Mountsier, Des Moines, IA, argued for Plaintiff-Appellant.

Teresa E. McLaughlin, Dept. of Justice, Washington, DC, argued (Sarah Knutson, Don C. Nickerson and Loretta C. Argrett, on the brief), for Defendant-Appellee.

Before BOWMAN, Chief Judge, HEANEY and HANSEN, Circuit Judges.

HEANEY, Circuit Judge.

The sole question in this appeal is whether the district court abused its discretion in denying Lynn Sharp attorney's fees. We hold that it did and reverse.

I.

The Wilson Railway Corporation failed to pay federal income and social security taxes withheld from employees' wages for the first three calendar quarters of 1990. The Internal Revenue Service (IRS) assessed Douglas Wilson, the corporation's president, and Sharp, an...

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